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Curative Statutes (Page 509)

Curative remedial statutes are healing acts. They are remedial by curing defects and adding to
the means of enforcing existing obligations. They are intended to supply defects, abridge superfluities in
existing laws, and curb certain evils. They make valid that which, before the enactment of the statue,
was invalid. Their purpose is to give validity to acts done that would have been invalid under existing
law, as if existing laws have been complied with. (Frivaldo vs. COMELEC)
Limitation: While remedial or curative statutes are forms of retroactive laws, they will not be
given retroactive effect if to do so will impair the obligations of contract or disturb vested rights. Only
such administrative or curative features of the statute as the statute as will not adversely affect existing
rights will be give retroactive operation. (Asiastic Petroleum Co. v. Lanes)

Prospective and Retroactive Statutes (page 488)


A prospective statute is one which operates upon facts or transactions that occur after the
statute takes effect, one that looks and applies to the future. A statute is given retroactive effect if it
creates a new obligation, imposes a new duty or attaches a new disability in respect to a transaction
already past.

Codification (page 536)


In the revision or codification of laws, all parts and provisions of the old laws that are omitted in
the revised statute or code are deemed repealed, unless the statute or code provides otherwise,
expressly or impliedly. It is the rule that a subsequent statute is deemed to repeal prior law if the former
revises the whole subject matter of the former statute.

As between two laws, one passed later prevails. (page 563)


As between two laws, on the same subject matter, which are irreconcilably inconsistent, that
which is passed later prevails, since it is the latest expression of the will. Leges posteriors priores
contratias abrogant, or later statutes repeals prior ones which are repugnant thereto. The rule applies
eve if the later act is made to take effect ahead of the earlier law.

Constitutional provisions are self-executing (page 621)


The general rule is that constitutional provisions area self-executing, except when the provisions
themselves expressly require legislations to implement them or when, from their language or tenure,
they are merely declarations of policies and principles.
The rule is that in case of doubt, the Constitution should be considered self-executing rather
than non-self-executing. It is regarded as non-self-executing if it is not complete and needs aid of
supplementary legislation.
(Manila Prince Hotel v. GSIS)

Three maxims of construction (page 562)


Verba legis – Wherever possible, the words used in the Constitution must be given their
ordinary meaning except where technical terms are employed.
Ratio legis est anima – Where there is ambiguity, the words of the Constitution should be
interpreted in accordance with the intent of the framer.
Ut magis valeat quam pereat – The Constitution is to be interpreted as a whole

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